97 Jens Stoltenberg, Secretary General, NATO, Doorstep Statement prior to the European Union Foreign Affairs Council Meeting (Nov. 20, 2018) (on file with NATO). The state administration was solely and exclusively responsible for maintaining a well-functioning infrastructure together with sufficient civil resources. 74See Resilience and Article 3, supra note 48. 3 NATO, North Atlantic Pact: The Drafting of the Treaty, PACT D-6/1, 8 (Mar. 45Boosting NATO’s Presence in the East and Southeast, North Atlantic Treaty Org. The commentary contains an outline of the drafting history, implementation and textual legal analysis of both Article 2 and 3, and posits that NATO is much more than a purely military organization focused only on Article 5 of the Washington Treaty—collective defense against armed attack. The North Atlantic Treaty Organization (NATO) is an alliance of 28 countries that border the North Atlantic Ocean. In early 2003 NATO settled on only three ribbon styles - one for the NATO Meritorious Service Medal, one for Article 5 operations, and one for non-Article 5 operations. The following provides a summary of this cooperation as it reflects the response by NATO to strategic and geo-political changes that have occurred over time. 102NATO, OSCE, https://www.osce.org/partnerships/111485. NATO's press release about the address and transcript were published Wednesday afternoon, before a violent mob stormed the Capitol building in … . Consultancy 1, 3–4 (2018). 47Id. Press Release, European Council, Joint Declaration on EU-NATO Cooperation (July 10, 2018). 3. 15The Three Wise Men Report and the Origins of the NATO Science for Peace and Security Programme, North Atlantic Treaty Organization (Dec. 13, 2016), https://www.nato.int/cps/en/natohq/news_139363.htm. “Mutual Aid” was defined as “the contribution by each Party, consistent with its geographic location and resources and with due regard to the requirements of economic recovery, of such mutual aid as it can reasonably be expected to contribute in the form in which it can most effectively furnish it, e.g. Such measures shall be terminated when the Security Council has taken the measures necessary to restore and maintain international peace and security . While NATO-EU cooperation officially started in 2001, the cooperation gained real momentum in 2016 and 2018 by the adoption of the Joint Declaration 93 Press Release, European Commission, Joint Declaration by the President of the European Council, the President of the European Commission, and the Secretary General of the North Atlantic Treaty Organization (July 8, 2016). 121,133 (2018). Hence, they replaced the term “aggression” with the term “armed attack.” 38Id. “This is a moderate increase from 2019," NATO … 100Relations with the United Nations, supra note 98; see also Updated Joint Declaration on UN-NATO, NATO (Oct. 31, 2018), https://www.nato.int/cps/en/natohq/official_texts_160004.htm. 3. Finally, the term “endeavour” was considered too weak, which led to the adoption of the fifth draft establishing the current form: “Parties will . It is complementarily to Article 5 of the Washington Treaty by urging each Ally to develop its national resilience and contribute to the resilience of the Alliance as a whole against an armed attack. The Council shall set up such subsidiary bodies as may be necessary; in particular it shall establish immediately a defence committee which shall recommend measures for the implementation of Articles 3 and 5. NATO’s cooperation with industry revolves primarily around the IT sphere, and in this regard, it crucially underpins NATO’s cyber resilience efforts. If one were to look at recent cases of assistance, one can point at the deployment of four NATO-led multinational battlegroups in the eastern part of the Alliance in 2017 in order to deter Russia from engaging in aggressive behavior vis-à-vis Eastern Allies. Articles 2 and 3 of the Washington Treaty clearly demonstrate that NATO is much more than the famous article 5 that provides for collective self-defense against armed attack. 121,133 (2018). The Preamble of the Washington Treaty speaks of peace, freedom, human rights, democracy, common heritage, individual liberty and the rule of law. Ability to make decisions, communicate and enforce them in a crisis. (Nov. 29, 2018), https://www.nato.int/cps/en/natohq/topics_50321.htm. Although the Ally does not have a proper armed force, it is nonetheless highly valued within the Alliance especially because of its strategic geographical location, solid infrastructure, 51 The Keflavik Air Base is used by Allied navies for military exercises and air policing (surveillance) among other things. Being faced with emerging modern security threats, such as hybrid and cyber threats, and Russian illegal and illegitimate annexation of Crimea on March 18, 2014, all Allies openly and officially declared their commitment to reverse declining defense budgets most prominently at the Wales Summit in 2014. The Center for Professional Development & Career Strategy offers unique programs and services tailored to the needs of individual students and alumni. 59 Steven Grundman, NATO’s 2 Percent Guideline: What About the United States?, Atlantic Council (July, 10 2018), https://www.atlanticcouncil.org/blogs/new-atlanticist/nato-s-2-percent-guideline-what-about-the-united-states. 243. Allies achieved a compromise by retaining only economic collaboration. Article 3 calls on Allies to build resilience 39 In plain language, resilience might be defined as capacity to recover and to bounce back after a crisis or disruption, see Definition of Reslience, Merriam-Webster (2019), https://www.merriam-webster.com/dictionary/resilience. 7Id. . 23Report of the Committee of Three, supra note 20. Furthermore, it also introduced an opening sentence. The Council shall be so organised as to be able to meet promptly at any time. Consultancy 1, 3–4 (2018). Allies envisaged that NATO’s role would be to assist and facilitate the process of enhancing civil preparedness of Allies. 6See generally Rio Treaty, supra note 5. Nowadays, the interdependence of the military and private sector is fully recognized and acknowledged. ; The Drafting of the Treaty, supra note 3, at 10–11. (Mar. Participation in specific operations is distinguished by bars worn on the ribbons with the name of the operation. .’’ 57 Press Release, NATO, Wales Summit Declaration (Sept. 5, 2014). 103Id. . 88 NATO, Framework for NATO Industry Engagement ¶ 8.1 (2013). ¶ 72. 72 Jamie Shea, Resilience: A Core Element of Collective Defence, NATO Rev. 87 Brussels Summit Declaration, supra note 60. ¶ 64. Finally, the report paved the way for the establishment of a NATO Committee of Political Advisers—soon renamed to Political Committee. For example, the State Parties to the Rio Treaty considered: That the obligation of mutual assistance and common defense of the American Republics is essentially related to their democratic ideals and to their will to cooperate permanently in the fulfillment of the principles and purposes of a policy of peace . Taking into account that NATO embodies military cooperation among Allies, Allies should not make sure only to have well-equipped and operational armed forces but also, they have to ensure that they are interoperable among them. NATO might assist an Ally victim of a cyber-attack by deploying the so-called “Rapid Reaction Teams” which consist of cyber defense experts specifically trained to mitigate harmful and adverse consequences of cyber-attacks. No. 60 Press Release, NATO, Brussels Summit Declaration, (July 11, 2018). In the “Commitment To Enhance Resilience” adopted during the Warsaw Summit 2016, Allies pledged to strengthen their civil preparedness and affirmed that civil preparedness is a national responsibility. With regard to the latter, the nature and type of “mutual aid” or assistance that Allies would need to provide to one another has been at the heart of the debates during and after the negotiations of the Washington Treaty. 94 Press Release, European Counsel, Joint Declaration on EU-NATO Cooperation (July 10, 2018). 75 Stable and reliable energy supply, the diversification of import routes, suppliers and energy resources, and the interconnectivity of energy networks are of crucial importance, see Press Release, NATO, Warsaw Summit Communiqué, (July 9, 2016). at 10–11. 104See North Atlantic Treaty, supra note 2, art. The “Three Wise Men” proposed, inter alia, the use of NATO information material(s) in schools, closer relations between NATO and youth organizations 25 NATO Doc. Finally, the sixth draft aligned the language of Article 3 with the language of the U.N. Charter, concretely with its Article 51. Namely, the first draft provided for “individual and collective effort” instead of “separately and jointly” and referred to “capacity to resist aggression” instead of “capacity to resist armed attack.” 29Id. against armed attack through “continuous and effective self-help and mutual aid.” 40 North Atlantic Treaty, supra note 2, art. In plain language, resilience might be defined as capacity to recover and to bounce back after a crisis or disruption, see. ¶ 86. But see Federico Fabbrini, Do NATO Obligations Trump European Budgetary Constraints?, 9 Harv. 27 North Atlantic Treaty, supra note 2, art. 9, 2017), https://www.nato.int/cps/en/natohq/topics_49276.htm. When it comes to meeting the 20% target, the picture is much better as twenty-four Allies plan to meet the target by 2024. 73 Press Release, NATO, Commitment to Enhance Resilience (July 8, 2016). The Parties will contribute toward the further development of peaceful and friendly international relations by strengthening their free institutions, by bringing about a better understanding of the principles upon which these institutions are founded, and by promoting conditions of stability and well-being. The answer to that question is not straightforward. Press Release, NATO, Brussels Summit Declaration, (July 11, 2018). 20Report of the Committee of Three, North Atlantic Treaty Org., (Oct. 5, 2017), https://www.nato.int/cps/en/natohq/topics_65237.htm. 69Interoperability: Connecting NATO Forces, supra note 64. C-M(56)127, supra note 19, ¶¶ 75-77. and the translation of NATO material(s) into as many languages as possible. 82 NATO might assist an Ally victim of a cyber-attack by deploying the so-called “Rapid Reaction Teams” which consist of cyber defense experts specifically trained to mitigate harmful and adverse consequences of cyber-attacks. NATO-EU cooperation is carried out in accordance with the principles of transparency, openness, inclusiveness and reciprocity, and in full respect of the decision-making autonomy and procedures of both organizations without prejudice to the specific character of the security and defense policy of any member state. on the forces, vessels, or aircraft of any of the Parties, when in or over these territories or any other area in Europe in which occupation forces of any of the Parties were stationed on the date when the Treaty entered into force or the Mediterranean Sea or the North Atlantic area north of the Tropic of Cancer. 51 The Keflavik Air Base is used by Allied navies for military exercises and air policing (surveillance) among other things. 62 Wales Summit Declaration, supra note 57. 98Relations with the United Nations, North Atlantic Treaty Org. They are determined to safeguard the freedom, common heritage and civilisation of their peoples, founded on the principles of democracy, individual liberty and the rule of law. (Jan. 10, 2018), https://www.nato.int/docu/review/2016/also-in-2016/nato-defence-cyber-resilience/en/index.htm. 21 N. Atlantic Treaty Org. The report of the “Three Wise Men” was a revolutionary document as it decisively reaffirmed the non-military nature of the otherwise military Alliance by establishing the basis for political, scientific, economic and technological collaboration within the Alliance. Id. He most likely drew inspiration from the preambles of the Brussels and Rio Treaties, 5Id. Allies envisaged that NATO’s role would be to assist and facilitate the process of enhancing civil preparedness of Allies. 17, 1948, 19 U.N.T.S. whereas by 2024 fewer than half of the Allies are planning to meet it. Id. In addition, partnerships might better prepare interested partner nations to join the Alliance. 20Report of the Committee of Three, North Atlantic Treaty Org., (Oct. 5, 2017), https://www.nato.int/cps/en/natohq/topics_65237.htm. In the past, the infrastructure—railways, ports, airfields, grids, airspace, etc.—was mainly state-owned and consequently easily available to the state or NATO armed forces in a crisis. By 2015, it was spending just $4.6 billion, but that still managed to push it over the NATO threshold. The Committee was composed of the so-called “Three Wise Men,” the ministers of foreign affairs of Norway, Italy, and Canada. NATO engages with industry through procurement and non-procurement cooperation. Consequently, in the third draft the opening sentence attained its current form: “In order to more effectively to achieve the objectives of this Treaty.…” 33Id. L, supra note 8, at 9–10. 13 Jamie Shea, What can we Learn Today from the ‘Three Wise Men’?, NATO Rev. 93 Press Release, European Commission, Joint Declaration by the President of the European Council, the President of the European Commission, and the Secretary General of the North Atlantic Treaty Organization (July 8, 2016). In light of the increasing number of threatening cyber-attacks both on national and NATO networks, Allies adopted a NATO Enhanced Cyber Defence Policy at the Wales Summit in 2014. 68Backgrounder-Interoperability for Joint Operations, North Atlantic Treaty Organization (July 2006), https://www.nato.int/nato_static_fl2014/assets/pdf/pdf_publications/20120116_interoperability-en.pdf. It does not necessarily seek to impose on Allies unified military equipment and procedures; rather interoperability strives to find a way for different equipment, systems and procedures to operate and work together. 76Resilience and Article 3, supra note 48. It is indeed important to emphasize that the Washington Treaty aims for preservation of peace and security worldwide, not only within the North Atlantic area. It further called on Allies to consult on important economic issues, especially on those economic issues giving rise to defense and security implications or economic issues having an impact on the Alliance as a whole. But Articles 3 and 4 of the same NATO founding treaty receive scant attention. Econ. Through cooperation with partner nations NATO contributes to security and stability outside the Alliance, which in turn has positive effects on the security and stability of the Alliance and on Allies themselves—projecting stability doctrine. 40 North Atlantic Treaty, supra note 2, art. 13 Jamie Shea, What can we Learn Today from the ‘Three Wise Men’?, NATO Rev. The pro-NATO side scored a big win last week when the far-right Sweden Democrats, who are angling for closer cooperation with the center-right bloc in a range of policy areas, reversed a previous anti-NATO stance and backed a motion for Sweden to adopt a so-called NATO option — allowing it to join NATO at some point in the future. This commentary is written in author’s personal capacity and may not reflect agreed upon policy or views of the NATO International Staff or the North Atlantic Treaty Organization. 4, 1949, 63 Stat. The Parties hereby establish a Council, on which each of them shall be represented, to consider matters concerning the implementation of this Treaty. This cooperation includes but is not limited to combating transnational threats, including terrorism and cyber threats, border management and security, disarmament, small arms and light weapons, confidence and security-building measures, regional issues and exchange of experience on the respective Mediterranean dimensions. 4, 1949, 63 Stat. (Jun. (1949) at 10. 79Id. Red Cross 681 (2013). 1546 (June 8, 2004). And that was without ever carrying out an attack. Protocol to the North Atlantic Treaty on the Accession of Montenegro, Protocol to the North Atlantic Treaty on the Accession of the Republic of Albania, Protocol to the North Atlantic Treaty on the Accession of the Republic of Croatia, Protocol to the North Atlantic Treaty on the accession of the Republic of Slovenia, Protocol to the North Atlantic Treaty on the accession of the Slovak Republic, Protocol to the North Atlantic Treaty on the accession of Romania, Protocol to the North Atlantic Treaty on the accession of the Republic of Lithuania, Protocol to the North Atlantic Treaty on the accession of the Republic of Latvia, Protocol to the North Atlantic Treaty on the Accession of the Republic of Estonia, Protocol to the North Atlantic Treaty on the Accession of the Republic of Bulgaria, Protocol to the North Atlantic Treaty on the Accession of the Republic of Poland, Protocol to the North Atlantic Treaty on the Accession of the Republic of Hungary, Protocol to the North Atlantic Treaty on the Accession of the Czech Republic, Protocol to the North Atlantic Treaty on the Accession of Spain, Protocol to the North Atlantic Treaty on the Accession of the Federal Republic of Germany, Protocol to the North Atlantic Treaty on the Accession of Greece and Turkey, Euro-Atlantic Disaster Response Coordination Centre (EADRCC), NATO Public Diplomacy Division’s Co-Sponsorship Grants, on the territory of any of the Parties in Europe or North America, on the Algerian Departments of France. 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